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These Terms of Use ("Terms") govern your access to, and use of, the websites (each, a "Site" or "Website"), mobile application, and online services or program operated by or on behalf of Franzco Channel Sdn Bhd  ("Smoothie Factory Malaysia") and on which these Terms appear. These Terms are a legal and binding agreement between you and Smoothie Factory Malaysia. Your use of the Site, mobile app, or service indicates your acceptance of these terms. Do not use the Site if you do not agree to be bound by these Terms.

 

Smoothie Factory Malaysia strives to ensure that the information contained on the Website is accurate and reliable. However, Smoothie Factory Malaysia and the Website are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Smoothie Factory Malaysia makes no representations about the reliability of the features of this Site, the Smoothie Factory Malaysia Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Smoothie Factory Malaysia is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Smoothie Factory Malaysia, and Smoothie Factory Malaysia does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Smoothie Factory Malaysia prior to posting and Smoothie Factory Malaysia makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Smoothie Factory Malaysia makes no representations regarding the amount of time that any Smoothie Factory Malaysia Content or Submitted Content will be preserved.

 

The site is provided on an "as is, as available" basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Smoothie Factory Malaysia hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Smoothie Factory Malaysia disclaims any and all liability for the acts, omissions, and conduct of any third party service providers, partners, sponsors, licensors, licensees, and the like ("Providers") in connection with or related to your use of the site and materials, programs, features, and services made available therein.

 

In no event shall Smoothie Factory Malaysia or any of Smoothie Factory Malaysia’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the site, even if Smoothie Factory Malaysia has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Smoothie Factory Malaysia, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Site and/or materials, programs, features, and services made available therein.

 

COMMUNICATING WITH SMOOTHIE FACTORY MALAYSIA

On certain areas of the Site, you may be given the ability to contact Smoothie Factory Malaysia by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Smoothie Factory Malaysia’s products or to register for a particular sweepstakes or contest. The information that you provide to Smoothie Factory Malaysia through this Site is governed by Smoothie Factory Malaysia’s Privacy Policy.

 

SMOOTHIE FACTORY MALAYSIA PROPERTY

This Site contains many valuable trademarks owned and used by Smoothie Factory Malaysia. These trademarks are used to distinguish Smoothie Factory Malaysia’s quality products and services. The text, graphics, and html code contained on this Website are the exclusive property of Smoothie Factory Malaysia’s ("Smoothie Factory Malaysia Content"). Smoothie Factory Malaysia Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Smoothie Factory Malaysia.

 

USER-SUBMITTED CONTENT

On certain areas of the Site, you may be able to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content ("Submitted Content"). You acknowledge that you are responsible for whatever material you submit, and you, not Smoothie Factory Malaysia, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Smoothie Factory Malaysia and Smoothie Factory Malaysia is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

 

ONLINE PURCHASES

To purchase food products, merchandise, or other items through the Website, you must provide valid payment card and billing information. Such information will be collected by Smoothie Factory Malaysia. Your information will be collected and used in accordance with Smoothie Factory Malaysia’s Privacy Policy. When you purchase items through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Site, you represent and warrant to Smoothie Factory Malaysia that you are capable of entering into a contract under the applicable law.

 

WEBSITE ACCESS

Smoothie Factory Malaysia hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Smoothie Factory Malaysia’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Smoothie Factory Malaysia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smoothie Factory Malaysia or others due to such unauthorized use.

 

HYPERLINKS

The Smoothie Factory Malaysia Site may link to sites not maintained by or related to Smoothie Factory Malaysia. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with this Website or Smoothie Factory Malaysia. Smoothie Factory Malaysia has not necessarily reviewed the sites hyperlinked to or from this Website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Smoothie Factory Malaysia makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from this Website. Furthermore, Smoothie Factory Malaysia does not implicitly endorse third-party sites hyperlinked to or from this Website.

 

EXT MESSAGING NOTICE

If you choose to participate in any Smoothie Factory Malaysia promotion that may involve the use of text messaging (either sending or receiving), Smoothie Factory Malaysia will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

 

VIOLATION OF THESE TERMS AND REMEDIES

You agree that Smoothie Factory Malaysia may, in its sole discretion and without prior notice, block and/or terminate your access to the Site, mobile app, programs, and/or services if Smoothie Factory Malaysia determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Smoothie Factory Malaysia. You also agree that monetary damages would be inadequate for such harm and consent to Smoothie Factory Malaysia’s obtaining any injunctive or equitable relief that Smoothie Factory Malaysia deems necessary or appropriate. These remedies are in addition to any other remedies that Smoothie Factory Malaysia may have at law or in equity.
If Smoothie Factory Malaysia takes legal action against you as a result of your violation of these Terms, Smoothie Factory Malaysia will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Smoothie Factory Malaysia. You agree that Smoothie Factory Malaysia will not be liable to you or to any third party for termination of your access to the Site, mobile app, programs, and/or services as a result of any violation of these Terms.

 

GOVERNING LAW AND JURISDICTION

These Terms are governed by Malaysian law and are subject to all applicable federal, state, and local laws and regulations.

 

MISCELLANEOUS

These Terms constitute the entire agreement between you and Smoothie Factory Malaysia and govern your use of the Site and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Smoothie Factory Malaysia with respect to the Smoothie Factory Malaysia Site and services. Both you and Smoothie Factory Malaysia acknowledge and agree that no partnership is formed and neither you nor Smoothie Factory Malaysia has the power or the authority to obligate or bind the other.
The failure of Smoothie Factory Malaysia to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

 

The failure of Smoothie Factory Malaysia to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Smoothie Factory Malaysia shall not be deemed a breach of this agreement. If Smoothie Factory Malaysia fails to act with respect to your breach or anyone else’s breach on any occasion, Smoothie Factory Malaysia is not waiving its right to act with respect to future or similar breaches.

 

The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.

 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Smoothie Factory Malaysia, and are accepted by you upon your use of the Site. This agreement constitutes the entire agreement between you and Smoothie Factory Malaysia regarding the use of the Site and the features therein. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.